By: Luther, et al. (Senate Sponsor - Hall, et al.) H.B. No. 3441
         (In the Senate - Received from the House May 19, 2025;
  May 22, 2025, read first time and referred to Committee on State
  Affairs; May 26, 2025, reported favorably by the following vote:  
  Yeas 9, Nays 1; May 26, 2025, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the liability of vaccine manufacturers that advertise a
  harmful vaccine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 431, Health and Safety
  Code, is amended by adding Section 431.118 to read as follows:
         Sec. 431.118.  LIABILITY OF MANUFACTURER FOR ADVERTISING
  CERTAIN VACCINES. (a) In this section, "advertise" means a media
  communication, including through television, radio, print, the
  Internet, digital or electronic media, product placement,
  promotion by an influencer in exchange for compensation, or other
  manner of paid promotion, a vaccine manufacturer purchases to
  promote the manufacturer's vaccine. The term does not include:
               (1)  any discussion between a health care provider and
  the provider's patient or written materials a health care provider
  provides to a patient concerning a vaccine; or
               (2)  any posters, decorations, or other materials or
  promotional items concerning a vaccine that are displayed in or
  made available by a health care facility, health care provider's
  office, or other clinical setting.
         (b)  A manufacturer is liable to an individual if:
               (1)  the manufacturer advertises a vaccine in this
  state; and
               (2)  the advertised vaccine causes harm or injury to
  the individual.
         (c)  Notwithstanding any other law, an individual may bring
  an action under this section not later than the third anniversary of
  the date the cause of action accrues.
         (d)  A court shall award a claimant who prevails in an action
  brought under this section:
               (1)  actual damages; and
               (2)  court costs and reasonable attorney's fees
  incurred in bringing the action.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect September 1, 2025.
 
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